Order directs prosecution to submit affidavit and trial court to submit report regarding non-arrest of accused despite issuance of non-bailable warrant.
Direction to prosecute to file affidavit on non-arrest and trial court to submit report on accused's appearance.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3321 of 2018
Sanjita Oraon ….. Petitioner(s)
Versus
1.The State of Jharkhand 2.Budhram Oraon ….. Opp. Party(s) --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner(s) : Mr. Mohit Prakash, Advocate For the State :Mrs. Nehala Sharmin, APP For the O.P. No.2 : Mr. Rajiv Kr. Karan Advocate
--------- 10/Dated: 26/07/2019
The present Cr.M.P. has been filed for cancellation of
bail granted to the O.P. No.2 under order dated 03/08/2017 passed in A.B.A No.2640/2016 in connection with Sisai P.S. Case No. 21 of 2016, corresponding to G.R. No. 107 of 2016 for the offence under sections 313/323/354/354(A)/376/506 I.P.C and 8 of POCSO Act. Further it appears that under order dated 11.07.2019, Cr.M.P. No. 3321 of 2018 was allowed and the provisional anticipatory bail granted to the O.P. No. 2 –Budhram Oraon under order dated 17.10.2016 and confirmed under order dated 03.08.2017 in A.B.A. No.2640 of 2016 was cancelled. The trial court was directed to take all coercive step against the O.P. No. 2 including issuance of non-bailable warrant of arrest for his apprehension and was directed to submit report to this Court.
Perused the report dated 22.07.2019 submitted by learned District & Addl. Sessions Judge-III, Gumla which reveals that in compliance of order of the Hon’ble Court, non-bailable warrant of arrest was issued against the accused Budhram Oraon on 18.07.2019 but the accused
has not been arrested till date. Next date in this case is fixed on 29.07.2017 for his appearance.
Under these circumstances, let a copy of this order along with copy of order dated 11.07.2019 and copy of report dated 22.07.2019 be handed over to Mrs. Nehala Sharmin (cost to be borne by Registry) for its transmission to the Superintendent of Police, Gumla for filing affidavit by the officer not below the rank of Dy. S.P as to whether what steps have been taken for apprehension of the accused-Budhram Oraon after issuance of non-bailable warrant of arrest.
The required affidavit must be filed on or before 27.09.2019.
Further, the trial court is directed to submit fresh report with regard to appearance of the accused-Budhram Oraon as the case was fixed on 29.07.2017.
The required report must be submitted on or before 27.09.2019.
List this case on 27.09.2019.
Let a copy of this order be communicated to the Court below through FAX and a copy of this order be handed over to Mrs. Nehala Sharmin, A.P.P.
(Anant Bijay Singh, J.)
Satyarthi/
Sanjita Oraon
State of Jharkhand
Budhram Oraon
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
